Discuss Main Contractor witholding £100,000 in the Plumbing Jobs | The Job-board area at PlumbersForums.net

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ladyapprentice

Having worked with a main contractor for the last 18 months we were excited to be starting a couple of large projects - 53 bedroom student accommodation and a 21 bedroom student accommodation along with a few other smaller jobs. The main contractor was always a bit slow paying and would get quite irate if I emailed asking for invoices to be paid to enable us to buy more materials and pay the workforce. He requested my partner, head engineer, asked.

Anyway, we were working our socks off over the summer and had to put up with threats of non payment and fines if we did not complete. We were confident we would but stress levels were high. My partner used to go to main contractor asking for payments in order to buy further materials - abit like a child asking dad for pocket money.(I regularly invoiced the company and so payments should have been flowing but for the last 3 months we have only been getting money on account so I do not know which invoices they relate to so cannot see what vat we have been paid or confirmation they have paid cis). We would get small amounts and really struggle getting required materials. Despite this we got them and had extra labour to help with the project.

We used to supply and install all materials until the contractor decided he could get things cheaper (and much lesser quality) so he provided sanitaryware for these projects. Shower enclosures were particularly poor quality and main contractor being on site everyday saw them from day one. Halfway through project he asked us not to fit any more of the poor quality ones and he would get replacements. An hour later he changed his mind and said carry on with the initial enclosures and if the clients wants them changing later then he would charge him.

Last week we had men on the 21 bedroom project who were sorting the water booster pump and would have completed that day. A day ahead of schedule. My partner was on another of the contractors jobs due to complete that day (again a day ahead of schedule) when he received a call from the main cointractor saying he wanted all the enclosure taken out and replaced the next day. My partner advised him it would be cheaper to get his men to do it rather than pay us plumbers wages. The main contractor then said he was not intending to pay to get them changed anyway and it was our responsibility to tell him they were poor quality. My partner said we would not change them free of charge only to be told if we didn't we would not get a penny. Moments later my partner was suspended from site as were our other men at the other site, therefore we were not able to complete the jobs.

We were emailed by the main contractor asking why work was not complete. Silly question seeing as though we had been thrown off site. We said if 80% of what was owed to us was paid we would return and complete all jobs. We didn't get it. The main contractor asked for a meeting after I had sent numerous emails asking that we set aside differences and just get these jobs sorted. He only wanted to meet my partner, I suspect because he knew he could manipulate and bully him, I said I would attend as would the site manager but this was not good enough. We have sent in final bills and desperately need the money to pay our suppliers.

Through the grapevine we have heard that other plumbers have been in to try to finish our work. What I need to know :-

Am I correct thinking that all of our guarantees and warranties are now void following other plumbers working on our system (we did tell the main contractor this would be the case)
If we did not sign anything agreeing to fines due to delays can the contractor charge us £10,000 every day the jobs ran over schedule as he had threatened numerous times. Incidently they would have all been complete had we not be asked to leave the site.
Should we sit patiently and wait for a letter explaining the situation which the contractopr has promised? Or should we start legal proceedings now?

I am concerned he will put ridiculous fines against our invoices to try to justify non payment.

Horrible situation to be in. Think he intended all along to screw us over and tried numerous obstacles to do so. The free labour to change enclosures was the last straw.

Any advice greatfully received
 
pay him a visit with your work force , that would be me . but most will no doubt be saying go get legal advice now before her folds up and moves on
 
Would love to take workforce and request payment, in fact I've dreamt about it :59: Bit of a gangster contractor I believe so reckon legal route is best bet.
 
Great at the start (£££££££) but these things always have an habit of biting your backside, the reason they have the money is they have the power.
Pity your situation and I hope you get paid.
 
get advice but i belive it is possable to apply to put this company in to bankruptcy and freeze there bank accounts because of nonpayment of invoices i have herd of very small firms do this to very large firms over very small amounts as they thought they could get away with not paying for months on end i will try and find more info if i can
 
get to court fast before they pull the chain.

send down a protest party to site and get signs for the vans so everyone else knows they are non payers.
then cut your losses.
 
Thanks, sounds positive. I don't know why he can't just pay up and we go our separate ways. We did a fantastic job, client is over the moon with it. It's just the contractor who has spoilt the whole thing. He would've made money out if the job anyway without holding onto ours! Huh! Some people eh! Any further info would be great, cheers
 
How much have you got in writing in relation to the above?

Did you write to him offering to complete the work?

I think you need to get some legal advice and get something in writing to him asap.

If it ends up in the County Court you will need to show that you took all reasonable steps to resolve matters before resorting to legal proceedings, and written evidence to show this is what you need to be able to produce.

Making proposals for early resolution is the way to go, avoid making threats that you can't carry out - don't get drawn into tit-for-tat behaviour.

Probably best to negotiate through a solicitor from this point on.
 
Yes we have written evidence we wanted to resolve this and complete works. I could understand if we were charging the earth but he got more out of us than we charged. I shall get my paper trail together in preparation. Even if we just get enough to pay our suppliers and the lads who worked so hard I'd be happy.
 
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